Mischca Trust & Butterfield Trust (Guernsey) v Thommessen et al.

This case concerned five applications involving the Mischca Trust. The first application (the "Butterfield Application") was made by the trustee of the Mischca Trust to request confirmation from the Court that the setting up of the International Fund for Arts and Sciences ('IFAS') charitable trust by them was lawful. The trustee also sought confirmation from the Court that a transfer of assets that was made by it from the IFAS and the Mischca Trust to a new charitable trust named the Maria Benson Memorial Trust ("Memorial Trust") was lawful.

The second application (the "Thommessen Application") was made by the nominal settlor of the Mischca Trust who sought to challenge the trustee's actions as breach of trust. The settlor also sought the Court's approval to replace the Applicant as trustee to the Mischca Trust.